Jagriti Upbhogta Kalyan Parishad v. Union of India
2003-01-13
H.K.SEMA, Y.K.SABHARWAL
body2003
DigiLaw.ai
ORDER : 1. This writ petition under Article 32 of the Constitution of India was filed in public interest, approximately six years earlier, bringing to the notice of this Court how various consumers, distributors and dealers of respondent No. 12 -M/s. S.B. Petroleum Ltd. spread in nine States, namely Madhya Pradesh, Maharashtra, Karnataka, Uttar Pradesh, Haryana, Rajasthan, Bihar, Delhi, Punjab were taken for a ride and cheated by collection of crores of rupees. According to the petitioners crores of rupees were siphoned and personal properties acquired. Various orders were passed by this Court from time to time against respondent . 12-Company and its Managing Director and his family members and also other Directors. Directions were also issued to various authorities noticing a total inaction on the part of the authorities. Some of the orders passed to which reference can be made in this regard are the orders dated 20th October and 17th November, 1997, 6th February and 20th March, 1998 and 3rd December, 2001.Various bank accounts and properties have been attached. The matter was also investigated by CBI and the Economic Offences Wing (CID) U.P. We have been informed by Shri Altaf Ahmad, learned Additional Solicitor General that 22 charge sheets were filed on 24th December, 1999 before Additional Chief Judicial Magistrate III, Lucknow. Learned Additional Solicitor General submits that primarily on account of the non-cooperation of the accused charges have not been framed. We, however, refrain from expressing any opinion except observing that all concerned are directed to cooperate in the expeditious disposal of the cases that have been initiated as a result of directions issued in this matter. 2. Having regard to the facts and circumstances of the case, we do not think it possible for this Court to either examine from time to time the progress of the criminal cases so as to ensure its expeditious disposal and to also go into the factual details of a large number of consumers and their rights, and also the rights, if any, of dealers/distributors. We may note that though large sums have been refunded, according to respondent no.12, to the consumers but it seems that still there may be large number of consumers to get the refunds. We feel it would be appropriate, if the matter is transferred to the High Court in terms of the prayer made in I.A.No.27/2002 filed by learned Amicus Curiae.
We feel it would be appropriate, if the matter is transferred to the High Court in terms of the prayer made in I.A.No.27/2002 filed by learned Amicus Curiae. Accordingly, we issue the following directions: (a) All the case papers of this matter be transferred to High Court of Allahabad with a request to Hon'ble Chief Justice of Allahabad High Court to constitute a special bench either at Allahabad or at Lucknow to deal with the matter. The special bench will appoint a retired Judge of the High Court as a Special Commissioner and decide about his remuneration/expenses etc. The Special Commissioner will take charge of all the assets including the bank accounts of respondent no.12. (b) The bank accounts disclosed in the affidavit of Dr.KPD Shastri shall remain frozen till further orders. (c) All the concerned banks are directed to furnish details of operations of the accounts since 1993 to the Special Commissioner. (d) The Special Commissioner so appointed would take charge of the following bank accounts:- 1. Bank of Baroda, Aliganj Branch, Lucknow, Account No. Current A/c 391. 2. State Bank of India, Main Branch, Hajrat Ganj, Lucknow. 3. Syndicate Bank, Hajrat Ganj, Lucknow. 4. Oriental Bank of Commerce, Hajrat Ganj, Lucknow. 5. ABN Amro Bank, New Delhi. 6. State Bank of Indore, Hajrat Ganj, Current A/c No.207. 7. Bank of Baroda, Nishant Ganj, Lucknow A/c No.1673 8. Bank of Baroda A/c No.1730 9. Bank of Baroda, Gore Gaon, Bombay A/c No.3284 10. Bank of Baroda, Gandhi Dham, Gujarat A/c No.1366 11. Bank of Baroda, Gandhi Dham, Gujarat No.1465 12. Bank of Baroda, Asharami Ahmedabad, Gujarat A/c No.30157 13. Bank of Baroda, Aliganj, Lucknow, Krishna International A/c No.316. 14. Bank of Baroda, Aliganj, Lucknow, SB International Oil & Energy No.610. 15. Bank of Baroda, Aliganj, Lucknow, SB Petroleum, Port Terminal A/c No.617. 16. Bank of Baroda, Aliganj, Lucknow, Saushail Enterprises A/c No.618. 17. Bank of Baroda, Aliganj, Lucknow, SBLPG Bottling, No.640. 18. Bank of Baroda, Aliganj, Lucknow A/c No.493. 19. Bank of Baroda, Aliganj, Lucknow. A/c No.6343. 20. Bank of Baroda, Nishatganj, Lucknow, Shell Petroleum A/c No.1606. 21. Bank of Baroda, Nishatganj, Lucknow, SB Petroleum Port Terminal A/c No.1692. 22. Bank of Baroda, Nishatganj, Lucknow, SB International Oil & Energy A/c No.1623. 23. Bank of Baroda, Nishatganj, Lucknow, Saushil Enterprises A/c No.1640. 24. State Bank of India, Main Branch, Hajrat Ganj, Lucknow, Saurpika Investment & Properties A/c No.CC 51.
21. Bank of Baroda, Nishatganj, Lucknow, SB Petroleum Port Terminal A/c No.1692. 22. Bank of Baroda, Nishatganj, Lucknow, SB International Oil & Energy A/c No.1623. 23. Bank of Baroda, Nishatganj, Lucknow, Saushil Enterprises A/c No.1640. 24. State Bank of India, Main Branch, Hajrat Ganj, Lucknow, Saurpika Investment & Properties A/c No.CC 51. 25. Federal Bank, 29, Vidhan Sabha Marg, Lucknow, Saushil Enterprises A/c No.1226. 26. Federal Bank, 29, Vidhan Sabha Marg, Lucknow, Krishna Exim Pvt. Ltd. A/c No.1229. 27. Fedral Bank, 29, Vidhan Sabha Marg, Lucknow, SB International Oil & Energy A/c No.1225. 28. Bank of Baroda Gandhi Dham, SB Inter Oil & Energy Ltd. A/c No.1515. e) The Special Commissioner will also take charge of the following properties:- 1. Land at Mohanlal Ganj, Meerut, Mainpuri, Mathura (sale deed in favour of M/s SB Petroleum free from all encumbrances: 12.73 lacs) 2. Bottling plant at Mohanlal Ganj, Lucknow (fully owned by respondent no.12 fre from all encumberances:168.85 lacs) 3. SKO storage at Mohanlal Ganj, Lucknow (fully owned by respondent no.12, free from all encumbrances:116.86 lacs) 4. Kerosene and LPG port storage facility project at Pipavav Port, Gujarat (lease hold right in favour of respondent no.12: 122.73 lacs) 5. Vehicle (staff cars & scooters: 12.00 lacs) 6. Furniture & Fixtures (27.03 lacs) 7. Electrical Equipments (0.92 lacs) 8. Electrical installations (0.60 lacs) 9. Computers (2.52 lacs) 10. Stock of lubricating oil (30.25 lacs) 11. LP Gas (3.25 lacs) 12. Cylinders and regulators (4.90 lacs) 13. Sundry debtors (1.67 lacs) 14. Other current assets (0.37 lacs) 15. Loans and advances (87.08 lacs) 16. Eight bighas of Agricultural land situated at Mohan Lal Ganj, Lucknow. 17. Office Complex at 20A/3, Gokhle Marg, Lucknow which she acquired in the year 1983. 18. B-65, Section C, Mahanagar, Residential house which she acquired in the year 1986. 19. A flat at Wazir Hasan Road, Lucknow. 20. Two acres of land situated in Gata No.988 - A, Mauza - Zara Mai, Tehsil and Distt. Mainpuri, UP. 21. Twoacres ofland situated in Gata No.112, Vill. Bhagwanpur, Pargana - Sarawa, Tehsiland Distt. Meerut, UP 22. Two acres of land situated in Khasra No.53, Min - Jumla, Rakba - 0,737, Mouza - Mahuwan, Tehsil and Distt. Mathura, UP at Agra - Mathura Road. 23. Twenty Acres of land, Vill. Rampura - II, Pipavav port, Post - Uchaiya, Tehsil - Rajula, Distt. Amreli. 24.
Bhagwanpur, Pargana - Sarawa, Tehsiland Distt. Meerut, UP 22. Two acres of land situated in Khasra No.53, Min - Jumla, Rakba - 0,737, Mouza - Mahuwan, Tehsil and Distt. Mathura, UP at Agra - Mathura Road. 23. Twenty Acres of land, Vill. Rampura - II, Pipavav port, Post - Uchaiya, Tehsil - Rajula, Distt. Amreli. 24. Reclaim of Loan/Advance to: M/s Kashinath Kailashnath Jewellers Lucknow UPRs. 25.00 lacs Refund of Security Deposit for land at Pipavav Port for LPG & SKO Storage Rs. 7.00 lacs Sale of land at Mathura, Meerut & Mainpuri Rs. 15.00 lacs 25. Investments made at Mohanlal Ganj, Lucknow, UP, such as :- LPG Bottling Plant Rs. 169.00 lac approx. SKO Storage Plant Rs. 130.00 lacs approx. (f) The Special Commissioner would also take charge of the following FD Rs:- 3rd August 1993 20 Lacs 18th December 1993 15 lacs 5th May,1994 10 lacs 1st June, 1994 7.5 lacs 5th October 1994 7.5 lacs 15 lacs 10 lacs 7th September, 1994 33,70049/ - September, 1994 25 lacs October 1994 7.5 lacs January, 1995 7,63,291 12th July, 1994 -Two FD Rs 7.5 lacs each 11th September, 1994 15 lacs 5th October, 1994 7.5 lacs (g) The Special Commissioner would insert two advertisements in the Times of India, Indian Express, Dainik Jagran or such other important newspapers having large Circulation in the concerned States announcing his appointment and inviting all concerned who have deposited their money with the dealers/distributors of S.B. Petroleum Ltd. and also the concerned dealers/distributors to file their claims before the Special Commissioner within a time stipulated in the said publication. (h) The Special Commissioner shall formulate a scheme whereby the consumers are repaid their deposits with out insisting their personal presence before the Commissioner. The Special Commissioner would, of course, ensure that the amount reaches the right person. (i) In so far as the dealers/distributors are concerned, they may file their claims before the Special Commissioner. Respondent no.12 - Company claims to have serious disputes with the dealers/distributors. According to the company - respondent No. 12 they are not entitled to claim any refund. It would be open to the Company and also to all dealers/distributors to take such pleas as are available to them in law before the Special Commissioner.
Respondent no.12 - Company claims to have serious disputes with the dealers/distributors. According to the company - respondent No. 12 they are not entitled to claim any refund. It would be open to the Company and also to all dealers/distributors to take such pleas as are available to them in law before the Special Commissioner. The Special Commissioner will go into the respective pleas of the Company and dealers/distributors and adjudicate upon their claims where after orders for refund, if any, or other appropriate orders will be passed by him. (j) The Company and its Managing Director Mr. VK Tiwari and all other concerned are directed to furnish all books of accounts/all deeds of the properties of the Company and also of Mr. VK Tiwari and all his family members and the Directors of the Company as are attached under the orders of this Court to the Special Commissioner within 15 days of the appointment of the Special Commissioner. In respect of properties 20A/3, Gokhale Marg, Lucknow and B - 65, Sector 'C' Mahanagar, Lucknow it has been claimed that these properties were acquired in 1981 and 1987 respectively by Smt. Abha Tiwari w/o VK Tiwari even before the formation of the Company and thus the plea is that these properties cannot be utilised for the alleged claims of any person against the Company. On the other hand, the claimants may dispute this factual statement and may also contend that for various reasons it would be permissible to lay hand to these properties as well. We have only noticed in brief the pleas which may be raised before the Special Commissioner. We however, express no opinion on any of the pleas. The Special Commissioner would examine the respective submissions in respect of these two properties and decide the matter in accordance with law as also the matters in respect of which mention has been made by his chartered accountant. (k) The CBI and Economic Offences Wing, CID (UP) are directed to report the progress of the case before the special bench at the High Court. (l) It would be open to the Special Commissioner to approach the special bench of the High Court for any clarification/directions/orders. (m) Some amounts are lying in fixed deposites pursuant to the orders passed by this Court from time to time. Those FD Rs be transmitted to the High Court.
(l) It would be open to the Special Commissioner to approach the special bench of the High Court for any clarification/directions/orders. (m) Some amounts are lying in fixed deposites pursuant to the orders passed by this Court from time to time. Those FD Rs be transmitted to the High Court. The Special Commissioner, as and when necessary, may seek directions from the High Court in respect of the amounts in those FD Rs. 3. Before concluding we place on record this Court's deep appreciation for the services rendered by the amicus curiae Mr. AK Ganguly, Senior Advocate and Ms. Rachna Srivastava, Advocate. 4. he writ petition and all applications are disposed of in the above terms.